9.3.23 Small-scale non-residential uses code

9.3.23.1 Application

(a) assessable development where this code is an applicable code identified in the assessment benchmarks column of a table of assessment for a material change of use (section 5.5) or a neighbourhood plan (section 5.9); or

Note—Where development for a small-scale non-residential use forms part of a residential development and is in the High density residential zone, Medium density residential zone, or Low–medium density residential zone it is also assessed against the Multiple dwelling code.

Note—Where this code includes performance outcomes or acceptable outcomes that relate to:

9.3.23.2 Purpose

(1) The purpose of the Small-scale non-residential use code is to assess the suitability of development to which this code applies.

(2) The purpose of the code will be achieved through the following overall outcomes:

(a) Development is individually located to minimise impacts on the amenity, health and wellbeing of adjoining and nearby residential uses and other sensitive uses.

(b) Development is designed, sited and constructed to minimise any adverse impacts on nearby residents associated with glare, noise, air quality, odour, light, servicing, hours of operation, traffic and parking.

(c) Development is low key in nature and complements the prevailing scale, built form, setting and streetscape character of a surrounding zone in the residential zones category, Emerging community zone or Rural residential zone.

(d) Development serves a demonstrable need of the local community.

(e) Development fulfils a role distinct from uses in centres, is not located in close proximity to existing centres, and is not established in a location that results in a cluster of non-residential activity within the applicable zone in the residential zones category, Emerging community zone or Rural residential zone.

(f) Development supports the level of amenity, privacy, safety and security reasonably expected by nearby residents.

9.3.23.3 Performance outcomes and acceptable outcomes

Table 9.3.23.3—Performance outcomes and acceptable outcomes

Performance outcomes

Acceptable outcomes

PO1

Development:

(a) is in a highly accessible location;

(b) is not located on local or neighbourhood roads where it will adversely impact on local amenity and safety;

Development ensures that building bulk and size, including any extensions and alterations to an existing building, complements the character and density of adjoining residential dwellings and the surrounding streetscape.

Development provides areas for the delivery of goods and storage and collection of rubbish bins that are:

(a) fully enclosed within a building; or

(b) where associated with a detached building and externally located, are greater than 5m from an adjoining sensitive use; or

(c) where associated with a multiple dwelling, located in accordance with the Multiple dwelling code.

PO16

Development ensures that the hours of operation including for deliveries, the use of indoor activity areas and private open space, are controlled so that the use does not impact on the amenity of residences within the building within which the use is located, and nearby sensitive uses.

AO16

Development ensures that the hours of operation including for deliveries, the use of indoor activity areas and private open space, are limited to between 6am and 8pm.

PO17

Development is of a nature and scale which does not result in noise emissions that exceed the following criteria:

LAeq,adj,T emitted from the small-scale non-residential use is not greater than the rating background level plus 3 at a sensitive use.

Where T is:

Day (7am to 6pm): 11hr;

Evening (6pm to 10pm): 4hr;

Night (10pm to 7am): 9hr.

Where LAeq,adj,T is the A-weighted equivalent continuous sound pressure level during measurement time T, adjusted for tonal and impulsive noise characteristics, determined in accordance with the methodology described in the Noise impact assessment planning scheme policy.

Note—Mechanical plant includes generators, motors, compressors and pumps such as air conditioning, refrigerator or coldroom motors.

PO18

Development ensures that direct overlooking from the small-scale non-residential use to adjoining residential dwellings is minimised by building layout, location and design of windows and balconies or screening devices.

AO18

Development ensures that where windows, balconies, verandahs, terraces and/or decks have a direct view into windows of habitable rooms in an adjoining residential dwelling, that view is screened by: